Georgia Legal Guide: The Limited Release – Maximizing Your Recovery After a Car Accident
Does the at-fault driver's insurance have to pay their full policy limits for a limited release?
Yes, under O.C.G.A. § 33-24-41.1, the liability insurer must exhaust their policy limits for the limited release to be effective. If they pay less than the full limit, the release is invalid and you could lose your UM claim entirely.
Can I enter a limited release if the at-fault driver has no insurance at all?
No, a limited release requires multiple insurance coverages to be involved in the claim. If there is no liability coverage from the at-fault driver, you would pursue an uninsured motorist claim instead of an underinsured motorist claim.
Will my UM insurance company try to stop me from doing a limited release?
Under Georgia law (O.C.G.A. § 33-24-41.1(c)), UM insurers generally cannot require their permission or consent to enter into a limited release for policies issued after July 1, 1994. However, they can challenge the release if it does not meet the legal requirements.
If I do a limited release, can the at-fault driver's insurance company still be sued by my UM insurer?
Most likely. Under O.C.G.A. § 33-7-11(f), your UM insurer typically retains its subrogation rights even after a limited release.
What happens if multiple people are injured and we can't agree on how to divide the insurance money?
All claimants must agree in writing to the allocation of policy limits for a valid limited release. If you cannot reach an agreement, you might need to pursue other legal remedies.
How long do I have to decide whether to accept a limited release offer?
Georgia law does not specify a time limit for accepting a limited release, but you generally have two years from the accident date to file a lawsuit under the statute of limitations.
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